Allowed

Sanjay Kumar Rameshwarprasad Sharma v. Union of India and Anr.

Bombay HC9 Nov 2011LPA/207/2011

Case brief

AI extract

What is this about?

High Court permitted withdrawal of letters patent appeal. Court restrained respondents from eviction for six months if appellant files an undertaking to pay arrears and vacate premises by end of six months.

What did the court decide?

Appeal allowed to be withdrawn. Respondents restrained from eviction for six months conditioned upon filing of undertaking to pay dues and vacate premises.

Sanjay Kumar Rameshwarprasad Sharma Vs Union of India and… — Property and Title | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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LETTERS PATENT APPEAL NO. 207 OF 2011

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IN WRIT PETITION NO. 1345 OF 2011

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ALONG WITH

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CAL/279/2011 AND CAL/242/2011

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Sanjay Kumar Rameshwarprasad Sharma .... Appellant vs

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Union of India and anr. .... Respondents

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Mr. R.W. Sanghvi for the Appellant.

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Mr. J.S. Deo for the respondent.

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CORAM: D. K. DESHMUKH &

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ANOOP V. MOHTA, JJ.

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DATE : November 09, 2011

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P.C.:

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The learned counsel appearing for the Appellant submits that

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the Appellant wants to withdraw the Appeal, but he should be given

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reasonable time to vacate the premises. In view of the request made

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by the learned counsel appearing for the Appellant, in our opinion, the

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following order would meet the ends of justice ;

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ORDER

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(i) The LPA is permitted to be withdrawn.

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(ii)The Respondents are however directed not to evict the Petitioner pursuant to the orders which are impugned in the Appeal for a period of six months from today subject to the condition that within a period of two weeks from today, the Petitioner files an undertaking in this Court undertaking this Court (a) to pay the arrears which are payable by the Petitioner in relation to the premises within a period of four weeks from today; (b) not to transfer, alienate or part with possession of the premises in favour of anybody except the Respondents and (c) to hand over peaceful and vacant possession of the premises to the Respondents at the end of the period of six months from today.

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(iii)In case the undertaking is filed, the Petitioner shall not be evicted for a period of six months as directed above. In case the undertaking is not filed within the aforesaid period, the Respondents shall be free to execute the orders which are impugned in the Appeal.

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(iv)CAL/279/2011 and CAL/242/2011 stand disposed of

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accordingly.

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(ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)

Sanjay Kumar Rameshwarprasad Sharma v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Rameshwarprasad Sharma v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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